In August 2010, a law was passed stating that people with an autism spectrum disorder (ASD) must now undergo an examination when applying for or renewing their driver’s license. What does this Regulation on suitability requirements mean for people with a form of autism?
Suitability requirements regulations
In August 2010, a law was passed stating that people with an autism spectrum disorder (ASD) will now be required to undergo an examination when applying for and perhaps also when renewing their driver’s license. This is the Regulation amending the Regulation on suitability requirements 2000 with regard to suitability for diabetes, multiple sclerosis, intracranial tumors, epilepsy and autism spectrum disorders and some other changes and was published in the Government Gazette of 23 August 2010. As the name of this regulation as already indicated, this is an amendment to the text of the existing regulations on suitability requirements 2000. This section on autism spectrum disorders has been added to the new, amended text of the Regulations on suitability requirements 2000.
The Suitability Requirements Regulations 2000, hereinafter abbreviated as REG 2000, formulate requirements for assessing the physical and mental suitability to drive motor vehicles. Motor vehicles are divided into two groups. Group 1 concerns passenger cars and motorcycles. On the driving license these are driving license categories A, B and B+E. Group 2 is formed by the trucks and buses. This concerns driving license categories C, C1, C+E, C1+E, D, D1, D+E and D1+E. The underlying idea behind this distinction is that group 1 mainly concerns mobility and that the benefit of the doubt should lie with the driver’s license holder (yes, provided) and that group 2 concerns professionalism, safety and protection of society against road safety risks (no, unless) (Bredewoud, 2008).
Eligibility
The concept of suitability relates to the physical and mental qualities on the basis of which a person is or is not suitable, or for a limited period of time, to drive a motor vehicle (REG 2000, 2012). To determine this, medical suitability requirements have been formulated for many conditions, including autism spectrum disorders. If there are other conditions in addition to the ASD (comorbidity), the requirements associated with the diagnosis(s) in question also apply. Additional requirements also apply when medication is used, especially medications that may affect reaction time or driving ability.
Assessment of fitness to drive of people with an ASD
To assess the fitness to drive of people with an autism spectrum disorder, a specialist report is required, drawn up by a psychiatrist with knowledge and experience in the field of ASD in adults. The examination takes place on the basis of a checklist with risk factors for an ASD. If the Central Bureau of Driving Licenses (CBR) deems it necessary, a driving test can also be held. This is certainly the case when applying for a driving license for the first time. The CBR has a detailed protocol for this, according to the new text of the regulation.
The eligibility period is a maximum of three years. This means that those with an ASD who are approved (deemed fit to drive) must be re-examined after approximately 3 years. Because an inspection procedure takes some time (sometimes several months), this means that in practice someone must request a re-inspection after approximately 2.5 years.
The final decision whether someone with a form of autism is considered suitable to drive a motor vehicle therefore lies with the CBR and not with the doctor or the person with autism themselves.
Psychiatric disorders
The section on autism spectrum disorders falls under Chapter 8: ,Psychiatric disorders, in the Suitability Requirements Regulations 2000. This involves a history of psychiatric problems. A number of matters are important when assessing this history: the course of the disease, the (un)predictability of the manifestations of the condition, the insight into the disease and the therapy compliance of the person concerned. In addition to these general criteria, specific criteria have been formulated for each group of disorders. Based on this, an estimate is made of the chance that someone with that condition is a danger to road safety. The reliability of the criteria used is a point of attention.
Advice from the Health Council
Before the new regulation was drawn up, the government asked the Health Council for advice. An important question here is what the connection is between psychiatric disorders in general and the fitness to drive a car. And specifically what the connection is between having an autism spectrum disorder and fitness to drive. In its report of April 29, 2010, the Health Council provides nuanced advice regarding an ASD. The question is to what extent the nuance in the Health Council report is reflected in the final legislation. This advice from the Health Council will be discussed further in a separate article.
read more
- Step-by-step plan for driving license application for people with autism
- Step-by-step plan to renew driver’s license for people with autism
- Health Council advice on fitness to drive in autism